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Terms of Use

Introduction
Welcome to the User Agreement for FlexPaths! FlexPaths LLC (“FlexPaths”) operates this Web site located at http://www.FlexPaths.com (also referred to as “FlexPaths” or “the Web Site”) to provide information and an online forum that connects talent and employers, delivering the power and benefits of flexibility in the work place. The Web Site, information, tools, features and functionality provided by FlexPaths are referred to together and separately as “the Service.”

Acceptance of this Agreement
This User Agreement describes the terms on which you may access and use the Service, and it constitutes a binding agreement – and the only agreement – between FlexPaths and you governing your use of the Service. By visiting the Web Site, you agree to be bound by all of the terms and conditions of this User Agreement, whether you are a “Visitor” (which means you are just browsing at the Web Site) or a “Member” (which means you have registered with FlexPaths.

You may not accept this Agreement nor use the Service if you are not of a legal age to form a binding contract with FlexPaths. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company, corporation, organization or other entity (referred to in the singular as a “Company” and in the plural as “Companies”), that you have the authority to bind such Company.

If you do not agree to this User Agreement, please do not register for or enter the Web Site.

Membership eligibility
FlexPaths is intended for individuals aged 18 and older, and Companies comprised of people aged 18 and older. Any registration, use of, or access to the Web Site by anyone under 18 is unauthorized, unlicensed and in violation of this User Agreement.

Registration and access
The term "Member," when used in this User Agreement, refers to both individuals and Companies that have registered with FlexPaths. Each Member chooses a unique user name and password (your “Login ID”) in order to establish an account with FlexPaths. Your login ID, together with any contact information you provide, form your “Registration Information.” You may also choose to set up an online profile that may be accessed by potential employers. Profile information may include your education and employment history, areas of expertise, and other information relating to your professional interests, and is also included within your “Registration Information.”

You agree and understand that you are responsible for maintaining the confidentiality of your Login ID, and are fully responsible for all activities that occur under your Login ID and relating to your account. You agree to immediately notify FlexPaths of any unauthorized use of, or access or changes to your Registration Information or account, or any other breach of security. You agree that FlexPaths will not be liable for any loss or damage arising from your failure to comply with this section.

Accuracy of Registration Information and Profile Information
In order for the Service to function effectively for you, we must have correct and current information about you. By registering with FlexPaths, you agree to provide true, accurate, current, and complete information about yourself or, if applicable, your Company, in all required fields of the registration form. If any of your or your Company's information changes, you agree to update your Registration Information as soon as possible. If we suspect that your Registration Information is not complete, current, or accurate or that you have otherwise violated this User Agreement, your account may be subject to suspension or termination, we may delete anything you have posted (including but not limited to information about yourself or your Company), and you may be barred from using the Services.

Privacy Policy
Your use of FlexPaths is subject to our Privacy Policy. This policy explains how FlexPaths treats your personal information and protects your privacy, when you access the Web Site and use the Service.

Reliance on medical, legal, financial, career, and other information
The resources provided by FlexPaths on the Web Site are intended for general application; thus, while resources may address legal, medical, financial, career, and other concerns, you should not rely on information provided on the Web Site to suggest an authoritative course of action. The information contained here should not replace a consultation with a qualified expert in the field who is familiar with your particular circumstances, such as an attorney, accountant, financial or investment advisor, teacher, or health care provider.

Other parties and Web sites; relationships formed through the FlexPaths Service
From time to time, FlexPaths may make available to you certain services offered by third parties, or pages of the Web Site may include links to other parties' Web sites. FlexPaths does not endorse, warrant or guarantee the products or services available through these third parties, and is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Third party services and Web sites are not governed by this User Agreement and/or by FlexPaths' Privacy Policy but may be governed by other terms of use and privacy policies. Also, FlexPaths does not review all the content of these external web sites, and is not responsible for the quality of information on any of the external Web sites or any link contained in the external Web sites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through the Service is between you and that employer, employee, or contractor alone, and not with FlexPaths.

FlexPaths' intellectual property rights
FlexPaths is the owner of this Web Site as a whole, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material; and individual contents of the Web Site belong or are licensed to Mint or its software or content suppliers. All content is protected under the copyright and intellectual property laws of the United States and other countries.

You may display and, unless otherwise noted, download and print out portions of FlexPaths content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from FlexPaths.

Content, information and comments posted by Members
In the course of using the Service, Members may provide information about themselves, as well as ideas, suggestions, opinions, information, comments and observations, (all of which are referred to as “Member Content”) which may be visible to certain other users. You understand and agree that by posting Member Content on the Web Site or otherwise providing such to FlexPaths, you represent that you have all necessary rights and hereby grant FlexPaths a royalty-free, perpetual, worldwide, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the member Content in connection with FlexPaths and our Service, including without limitation for promoting and redistributing part or all of the Web Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member a non-exclusive license to access your Member Content through the Web Site, and to use, reproduce, distribute, prepare derivative works of, and display such Member Content as permitted through the functionality of the Service and as contemplated under this Agreement. (For instance, if you are a job-seeker posting your qualifications, a Company that is a Member may download your information and circulate it among decision-makers).

You understand and agree that FlexPaths cannnot assume responsibility for materials posted by Members. They are not endorsed by FlexPaths, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the Web Site, nor can we guarantee the identity of any other users with whom you may interact in the course of using the Service. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the Web Site or privately transmitted through the Service is the sole responsibility of the person or Company who originally posted or transmitted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such person or Company.

You acknowledge that FlexPaths may or may not pre-screen Member Content, but that FlexPaths and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Member Content from the Web Site, with or without notice.

FlexPaths does not claim any ownership rights in Member Content. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to FlexPaths or posting it on the Web Site, you expressly grant FlexPaths a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Member Content in any form, solely in connection with the Services. This license is sublicensable (so that FlexPaths is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Web Site and any other Services). This license will continue perpetually unless and until you remove your Member Content from the Web Site. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that FlexPaths may retain archived copies of your Member Content.

If you choose to post Member Content on the Web Site, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and respect for the legal rights of others. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list).

Rules of Conduct
The following rules of conduct apply to your use of the Web Site and to any and all materials you post, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material whether the Member Content is included in blogs, private messages, emails, profiles, comments or any other portion or feature of the Web Site. You may not, and you agree that you will not, in connection with the Web Site:

  • Upload, post, email or otherwise transmit any Member Content that
    • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
    • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
      o breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • discloses private or personal information about another person;
    • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech;
    • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    • promotes software or services that deliver unsolicited email or spam;
    • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  • Harm minors in any way;
  • Solicit personal information from anyone under 18;
  • Use or create inappropriate screen names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Use the Web Site as a forwarding service to another website;
  • Copy or use personal identifying or business contact information about other Members without their permission, for purposes including but not limited to unsolicited e-mails, mailings, telephone calls, or other communications;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people's entries or other Member Content when you have not been granted the privileges to do so;
  • Engage in commercial activities (such as by advertising or selling products or services or inducing Members and Visitors to the Web Site to enroll in a promotional or money-making enterprise);
  • Solicit donations or petitions for any purpose; or
  • Allow usage by others in such a way as to violate this User Agreement.

In addition, you agree that you will not use or attempt to use:

  • any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engines and search agents available through the Service, or generally available third-party web browsers (such as Google); or
  • any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Web Site or any portion thereof.

Copyright Infringement
FlexPaths respects the intellectual property of others, and we ask our Members to do the same.

If you believe that your work has been copied and posted on the Web Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
FlexPaths' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: info@FlexPaths.com
By mail:
FlexPaths LLC
Attention: Copyright Agent
55 Alpine Terrace
Hillsdale, NJ 07642

We suggest that you consult with a legal advisor before filing a notice under the DMCA.

Also, be aware that there can be penalties for false claims under the DMCA.

Termination
You agree that FlexPaths may terminate your account and access to the Service, for reasons that include but are not limited to the following: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, (e) extended periods of inactivity, and (f) nonpayment of any fees owed by you in connection with the Service.

Termination of your FlexPaths account includes (a) removal of access to all offerings within the Service, including future access, and (b) deletion of your password and all related information, files and materials, including Member Content associated with or inside your account (or any part thereof). Furthermore, you agree that all terminations shall be made in FlexPaths's sole discretion and that FlexPaths shall not be liable to you or any third-party for any termination of your account or access to the Service. You understand and agree that FlexPaths is not required to give notice of termination, but that if notice is given, it may be sent to the e-mail address provided in your Registration Information.

Disputes
You are solely responsible for your interactions with other users of the Service. FlexPaths reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of disputes, FlexPaths may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating users' accounts and/or ability to access the Web Site, and removing any Member Content.

This User Agreement, and your relationship with FlexPaths under this Agreement, shall be governed by the laws of the State of New Jersey without regard to its conflict or choice of laws provisions. Any dispute with FlexPaths, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts of New Jersey, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case FlexPaths may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, FlexPaths is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with FlexPaths, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Indemnity
You agree to indemnify and hold FlexPaths and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Web Site, your use of the Web Site or other FlexPaths services, your connection to the Web Site, your violation of this User Agreement or your violation of any rights of another.

General Practices Regarding Use and Storage
FlexPaths may establish general practices and limits concerning use of the Web Site, including, for example, limits on the number of:

  • days that blogs, message board postings or other uploaded content and Member Content will be retained;
  • files (including graphics, photographs, videos or sound/music files) that may be posted; and
  • disk space that will be allotted on FlexPaths' servers on your behalf.

You agree that FlexPaths has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise.

Modifications to the Web Site
FlexPaths reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. FlexPaths shall not be liable to you or to any third party for any such modification, suspension or discontinuance. FlexPaths may also modify this Agreement at any time, without advance notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view this Agreement. Your continued use of the Web Site and the Services after any modification will mean you agree to the User Agreement as modified. If you do not agree to a modification, you should stop visiting the Web Site immediately.

Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FLEXPATHS.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FLEXPATHS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON FLEXPATHS.COM OR OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLEXPATHS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.

Limitation of Liability
You expressly understand and agree that FlexPaths and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FlexPaths has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Web Site; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web Site; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Web Site; or (5) any other matter relating to the Web Site or FlexPaths.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances, so some of the above limitations of liability may not apply to you.

Notice
FlexPaths may provide you with notices, including those regarding changes to this User Agreement, by email, regular mail or postings on the Web Site. By providing us with your e-mail address, you agree to receive any and all notices and communications from us electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

Monitoring and enforcement; violations of this User Agreement
In using the Web Site, you may come across material that you find offensive or objectionable. You can contact our Customer Service Department to let us know of such content. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions.

However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Web Site.

Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if FlexPaths does not exercise or enforce any legal right or remedy which is contained in the Agreement (or to which we are entitled under any applicable law), this will not be taken to be a formal waiver of FlexPaths' rights and that those rights or remedies will still be available to us.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and FlexPaths regarding the subject matter of the same, and supersedes all other previous agreements.

If you have any questions or comments about Flexpaths' Terms of Use please email FlexPaths at feedback@flexpaths.com.

Posted March 26, 2008

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